Journals of the Senate
1st Session, 41st Parliament
Issue 175
Monday, June 17, 2013
6:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Oh, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Oh, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, Watt, Wells, White
The first list records senators present in the Senate Chamber during the course of the sitting.
An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of Documents
The Honourable Senator Carignan tabled the following:
2011-2012 Annual Report of the Office of the Federal Ombudsman for the Victims of Crime.—Sessional Paper No. 1/41-1691.
Government Response to the 2011-2012 Annual Report of the Office of the Federal Ombudsman for the Victims of Crime Annual Report.—Sessional Paper No. 1/41-1692.
Presenting or Tabling Reports from Committees
The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, presented its sixth report (Bill C-419, An Act respecting language skills, without amendment).
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-444, An Act to amend the Criminal Code (personating peace officer or public officer), to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Andreychuk, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts.
The Honourable Senator Tannas moved, seconded by the Honourable Senator McInnis, that the bill be read the third time.
The Honourable Senator Tardif, for the Honourable Senator Campbell, moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Third reading of Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration).
The Honourable Senator Unger moved, seconded by the Honourable Senator Smith (Saurel), that the bill be read the third time.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Third reading of Bill C-48, An Act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation.
The Honourable Senator Black moved, seconded by the Honourable Senator Bellemare, that the bill be read the third time.
After debate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Dawson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Resuming debate on the motion of the Honourable Senator Gerstein, seconded by the Honourable Senator Eaton, for the adoption of the tenth report of the Standing Senate Committee on Banking, Trade and Commerce entitled: Follow the Money: Is Canada Making Progress In Combatting Money Laundering and Terrorist Financing? Not Really, tabled in the Senate on March 20, 2013.
The Honourable Senator Tardif, for the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Motions
Order No. 67 was called and postponed until the next sitting.
OTHER BUSINESS
Commons Public Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Moore, for the third reading of Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity);
And on the motion in amendment of the Honourable Senator Nancy Ruth, seconded by the Honourable Senator Mitchell, that Bill C-279 be not now read a third time but that it be amended, in clause 3, on page 2, by replacing lines 26 and 27 with the following:
"ethnic origin, sex, gender identity or sexual orientation.''.
After debate,
Further debate on the motion in amendment was adjourned until the next sitting in the name of the Honourable Senator Plett.
Third reading of Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations).
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Ringuette moved, seconded by the Honourable Senator Jaffer, that Bill C- 377 be not now read a third time, but that it be amended in clause 1,
(a) on page 2, by replacing line 30 with the following:
"the period is greater than an amount that is equal to the maximum total annual monetary income that could be paid to a Deputy Minister, shown as''; and
(b) on page 3, by replacing line 13 with the following:
"ees with compensation that is greater than the maximum total annual monetary income that could be paid to a Deputy Minister and disbursements''.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Segal moved, seconded by the Honourable Senator Nancy Ruth, that Bill C-377 be not now read a third time, but that it be amended in clause 1,
(a) on page 2,
(i) by replacing line 1 with the following:
"(2) Subject to subsection 149.01(6), every labour organization and every'', and
(ii) by replacing line 30 with the following:
"the period is greater than $150,000, shown as'';
(b) on page 3, by replacing line 13 with the following:
"ees with annual compensation of $444,661 or more and'';
(c) on page 5, by replacing lines 34 to 35 with the following:
"poration;
(b) a branch or local of a labour organization;
(c) a labour organization with fewer than 50,000 members;
(d) a labour trust in respect of one or more labour organizations that, in total, have fewer than 50,000 members; and
(e) a labour trust the activities and operations''; and
(d) on page 6,
(i) by replacing line 6 with the following:
"described in paragraph (6)(e)), that is limited'',
(ii) by replacing line 10 with the following:
"(6)(e);'', and
(iii) by adding after line 16 the following:
"(8) For greater certainty, nothing in this section shall be interpreted as affecting solicitor-client privilege.''.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Tardif, that further debate on the motions in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 to 6 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Finley, seconded by the Honourable Senator Frum, for the second reading of Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom).
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Chaput, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fraser, Hervieux- Payette, Hubley, Jaffer, Joyal, Kenny, Lovelace Nicholas, Mercer, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Smith (Cobourg), Tardif, Watt—26
NAYS
The Honourable Senators
Andreychuk, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Carignan, Champagne, Comeau, Dagenais, Demers, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, LeBreton, MacDonald, Maltais, Manning, Marshall, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Oh, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wallace, Wells, White—52
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Finley, seconded by the Honourable Senator Frum, for the second reading of Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom).
After debate
The Honourable Senator Tardif moved, seconded by the Honourable Senator Munson:
That the Senate do now adjourn.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Campbell, Chaput, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fraser, Hervieux-Payette, Hubley, Jaffer, Joyal, Lovelace Nicholas, Mercer, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Smith (Cobourg), Tardif, Watt—27
NAYS
The Honourable Senators
Andreychuk, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Carignan, Comeau, Dagenais, Demers, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, LeBreton, MacDonald, Maltais, Manning, Marshall, McInnis, McIntyre, Mockler, Nancy Ruth, Neufeld, Ngo, Oh, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wallace, Wells, White—50
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Finley, seconded by the Honourable Senator Frum, for the second reading of Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom).
After debate,
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Dyck, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Campbell, Chaput, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fraser, Hubley, Jaffer, Joyal, Lovelace Nicholas, Mercer, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Tardif, Watt—24
NAYS
The Honourable Senators
Andreychuk, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Carignan, Comeau, Dagenais, Demers, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, LeBreton, MacDonald, Maltais, Manning, Marshall, McInnis, McIntyre, Mockler, Nancy Ruth, Neufeld, Ngo, Oh, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wallace, Wells, White—51
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Finley, seconded by the Honourable Senator Frum, for the second reading of Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom).
After debate
The Honourable Senator Hubley moved, seconded by the Honourable Senator Mercer:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 11:22 p.m. the Senate was continued until tomorrow at 2 p.m.)
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Reports of the Pacific Pilotage Authority for the fiscal year ended March 31, 2013, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-1683.
Reports of the Blue Water Bridge Authority for the fiscal year ended March 31, 2013, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-1684.
Reports of the Canadian Air Transport Security Authority for the fiscal year ended March 31, 2013, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41- 1685.
Summaries of the Corporate Plan for 2012-2016 and of the Operating and Capital Budgets for 2012 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/ 41-1686.
Report on the operation of the Canada-Colombia Free Trade Agreement Implementation Act for the period of August 15, 2011 to December 31, 2012, pursuant to the Act, S.C. 2010, c. 4, s. 15.1. —Sessional Paper No. 1/41-1687.
Reports of the Canada Mortgage and Housing Corporation for the fiscal year ended March 31, 2013, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/ 41-1688.
Summary of the Corporate Plan for 2013-2017 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-1689.
Notice of opinion concerning Regulations Amending the Firearms Licences Regulations (SOR/2013-95), pursuant to the Firearms Act, S.C. 1995, c. 39, sbs. 119(4).—Sessional Paper No. 1/41-1690.
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Charette-Poulin replaced the Honourable Senator Fraser (June 14, 2013).